Stephen Cunningham, Pollution, MD 1999

Prince George’s County, MD – Stephen Cunningham, operator of the now-defunct Clean Habits facility, was sentenced to eight months in prison and twelve months of probation in May 1999 following a guilty plea to a violation of the Clean Water Act. The case, stemming from a significant oil and water leak impacting local wetlands and a tributary of the Potomac River, highlights the ongoing risks associated with improper storage of hazardous materials.

According to court documents and EPA records, Cunningham operated Clean Habits in Prince George’s County, storing used oil and oil-water mixtures on site. The storage method was immediately flagged as problematic: tanks originally designed for underground use had been removed from the ground and improperly utilized on the surface. This practice, in itself, violated established regulations. Further compounding the issue, Cunningham had previously entered into a Consent Decree with the Maryland Department of the Environment (MDE) specifically outlining proper storage procedures for these materials.

Despite the legally binding agreement with the MDE, Cunningham continued to store the contaminated oil and water in the compromised surface tanks. In November 1996, this negligence resulted in a substantial leak – approximately 3,000 gallons of oil-water mixture – escaping containment. The spill directly impacted adjacent wetlands and flowed into Tinkers Creek, a vital tributary of the Potomac River, posing a threat to the broader ecosystem.

Federal authorities swiftly responded, initiating an investigation that culminated in Cunningham’s indictment on February 2, 1999. The indictment charged him with knowingly violating the Clean Water Act, specifically citing 33 U.S.C. 1319(c)(2)(A). This section of the Act criminalizes the discharge of pollutants without a permit, and applies specifically to situations where the defendant knowingly violates the terms of existing regulations or agreements.

The plea agreement reached in May 1999 saw Cunningham admit guilt to the charge. While a financial fine was not levied, the eight-month incarceration and subsequent twelve-month probation period represented a significant, if somewhat lenient, penalty for the environmental damage caused. Environmental advocacy groups at the time criticized the lack of a substantial fine, arguing it did not adequately address the cost of remediation and potential long-term ecological effects.

The case serves as a stark reminder of the potential consequences of neglecting environmental regulations and the importance of adherence to legally binding agreements. Improper handling of hazardous waste, like used oil, can have devastating consequences for local waterways and ecosystems, and those responsible will face federal prosecution.

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Key Facts

Defendant: Stephen Cunningham
Location: Prince George’s County, Maryland
Crime: Violation of the Clean Water Act (33 U.S.C. 1319(c)(2)(A))
Spill Amount: Approximately 3,000 gallons of oil-water mixture
Impacted Areas: Local wetlands and Tinkers Creek (Potomac River tributary)
Sentence: 8 months incarceration, 12 months probation. No fine imposed.
Prior Agreement: Cunningham had a Consent Decree with the MDE regarding proper storage.

Source: EPA ECHO Enforcement Case Database

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